All too often serious injuries occur based on the negligent actions of another party. Whether it is the distracted driver, careless manufacturer, or inattentive doctor, the Marks Law Group, LLC will hold those responsible to the fullest extent of the law. Should you or a loved one become injured due to another person’s negligence please contact attorney Aaron Marks for a non-binding case review. Your serious injury should not define you, but your actions to repair that injury likely will.
Car Accident Attorney
For most of us driving is a necessity of daily life, but the distractions and injuries from driving are anything but ordinary. Whether the at-fault driver was drowsy, intoxicated, or unlicensed, the law requires that driver “make you whole” to the condition you were in before being injured. This means that it doesn’t matter if you were disabled or in bad health before the accident, you are still entitled to be compensated for your loss. All too often injured clients assume if they were in poor health before their accident they are unable to collect for their present medical treatment, pain, and suffering.
We trust, when buying, using, or consuming a product, that is safe to use in its intended form. Unfortunately that assumption, while correct most of the time, can be disastrous, and even deadly, when the product or service is defective. Before blaming yourself or being too embarrassed to ask for help you should consult attorney Aaron Marks to learn whether your injuries are a likely outcome of the product’s use.
Most medical professionals deserve the respect and deference society places on them. When those individuals treat their patients less than as required, or beneath the standard duty of care, their patients suffer, and many suffer severely. Attorney Aaron Marks will work for his clients to evaluate their claims, investigate and identify the wrongdoers, and bring them justice.
Frequently Asked Questions
What is Catastrophic Injury Law?
When a person suffers an injury that significantly changes his or her life, it is referred to as a catastrophic injury. A debilitating injury can inhibit one’s motor skills, leaving them unable to work as they did before or unable to care for themselves or a loved one in the manner in which they did before the injury.
What are the Most Common Causes?
There are many types of accidents that can result in a catastrophic injury. For example, motorcycle accidents usually result in damage to the areas around one’s heart, brain, and spine. Spinal cord damage can result in someone becoming a paraplegic or quadriplegic. A traumatic brain injury can result in cognitive loss or loss of other functions.
Bicyclists are also at risk of sustaining catastrophic injuries, particularly when they are involved in accidents with heavier vehicles. Unfortunately, motor vehicle operators often do not see someone on a motorcycle or a bike, and it is often this lack of visibility that leads to an injury-causing accident – rather than any reckless or dangerous actions by the riders.
Another example is a non-emergency medical transport accident. This type of accident is more likely to result in a catastrophic injury or wrongful death because the person who is being transported is, by definition, medically fragile. Even though it is not an emergency, the patient being transported is already sick or incapacitated, so an accident will further that incapacity – often to a severe level.
What Kind of Impact Can an Injury Claim Have on My Life?
Some effects can be permanent while others can be temporary. It depends on the type of injury suffered. One of the worst injuries a person can sustain is a spine injury. They can result in death, if not total or partial paralysis. It is important to understand that spine injuries may not manifest right away. You could be in a car accident on Monday and not experience the pain until Wednesday – or even a week later.
While recovery from a spinal injury is possible, it may not be quick, easy or as complete as you would like. Some spinal cord injuries, while treatable, never fully heal. You may be left with tingling sensations, pain, and other symptoms for the rest of your life.
Why Hire an Attorney?
When you have been injured severely, it is important that you protect your rights and take whatever steps are necessary to help you to make a full recovery – to the highest level possible. The full recovery includes ensuring that you are fully compensated for lost wages, medical expenses, and pain and suffering.
A catastrophic injury attorney’s job is to ensure that his or her client is compensated for the loss they have suffered. While an attorney is not a doctor and cannot relieve his or her client’s pain or injury, he or she can make sure that the person responsible for the catastrophic injury is held accountable to the fullest extent possible. Holding a responsible party liable for injuries suffered can also be cathartic and help with the healing process.
What Damages Can I be Entitled with My Claim?
Several types of compensation are available to a person who has suffered from a catastrophic injury. They include:
- Medical expenses related to the injury, as well as expenses related to past and future treatment
- Pain and suffering
- Lost wages
It is important to note that pain and suffering damages address two different things. The ‘pain’ part is addressing your physical pain, including any surgeries, infections, or other pain that you experienced during your injury. The ‘suffering’ part address what the victim is not emotionally able to do because of the injury.
Someone who had a lucrative career will recover more in damages than someone who did not, because the recovery is based on elements that can be shown. If the victim can show that he or she has suffered a tremendous loss in terms of their career, then they are more likely to be better compensated than someone who cannot demonstrate this.
How Do I Deal with the Insurance Companies?
Insurance companies will often try to make a settlement so that the person will not file a lawsuit. If you have spoken to an insurance company who has made you a settlement offer, you should write down your medical expenses, as well as your symptoms.
Consider what the cost of treating your injuries will be in the future, and whether the insurance company is factoring in your pain and suffering.
Additionally, assess how much you will lose in income due to your injuries. You should also think about what the outcome will be if you accept the settlement.
Considering those factors will help you decide whether the settlement offer is fair. However, if you are not sure of the answers to those questions, you should speak to a catastrophic injury attorney who can competently advise you on the answers to those questions and whether the settlement offer is fair compensation for your injuries.
How Do I Prove Fault?
Proving fault in a catastrophic injury lawsuit depends on the situation. If you have been in an auto accident, you are required to prove fault by a preponderance of the evidence. This means that you must be at least 51 percent right that the person who caused the accident was negligent.
If you have suffered a catastrophic injury due to premises liability, the burden is on you to prove that the property owner did not maintain the premises properly and was negligent. You must also show that the negligence caused your injury.
Again, proving fault is situational, so it is best to consult with a catastrophic injury lawyer who is well-versed in the standards of proof needed to show fault in different situations.
What is the Statute of Limitations?
There are exceptions, but the general rule is that you have two years from the date of the accident in which to file a claim. If you have any questions regarding your catastrophic injury claim, it is best to engage an experienced attorney to help you through the process.
Why Choose Marks Law Group?
As an attorney, the Marks Law Group is distinguishable from other Georgia catastrophic injury lawyers. Aaron Marks knows that your personal injury is unique to you – he does not use a “one size fits all” approach to his clients’ lawsuits. Each claim is brought based on the client’s individual situation.
The Marks Law Group is also a smaller firm that gives individualized attention to each client. Each attorney at the Marks Law Group is able to customize and tailor his or her legal strategy to the client’s case.
It is this strategic, customized approach that allows for a good recovery for catastrophic injury victims. Personal attention makes a difference in personal injury claims, and the Marks Law Group is dedicated to giving that attention to each and every one of their clients.